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H0632................................by JUDICIARY, RULES AND ADMINISTRATION
ATTORNEY GENERAL - Amends existing law to provide circumstances when the
Attorney General of the state shall be served and be entitled to be heard
and may intervene in certain cases relating to municipal orders, statutes
or franchises.
02/06 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Gagner, Loertscher, Newcomb
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Boatright
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 235
Effective: 07/01/98
H0632|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 632 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PARTIES TO ACTIONS; AMENDING SECTION 10-1211, IDAHO CODE, TO PRO- 3 VIDE CIRCUMSTANCES WHEN THE ATTORNEY GENERAL OF THE STATE SHALL BE SERVED 4 AND BE ENTITLED TO BE HEARD AND MAY INTERVENE IN CERTAIN CASES AND TO MAKE 5 A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 10-1211, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 10-1211. PARTIES TO ACTION -- MUNICIPAL ORDER OR FRANCHISE. When declara- 10 tory relief is sought, all persons shall be made parties who have or claim any 11 interest which would be affected by the declaration, and no declaration shall 12 prejudice the rights of persons not parties to the proceeding. In any proceed- 13 ing which involves the validity of a municipal ordinance or franchise, such 14 municipality shall be made a party, and shall be entitled to be heard, and if 15 the statute, ordinance or franchise is alleged to be unconstitutional, the 16Aa ttorneyGg eneral of the 17 state shall also be served, and be entitled to be heard and may 18 intervene.
STATEMENT OF PURPOSE
RS 07541
This legislation amends Idaho Code ยง 10-1211 to clarify that the
Attorney General shall be served in any declaratory relief action
challenging the constitutionality of a state statute or local ordinance.
Current law clearly entitles the Attorney General to intervene in such
cases. This modification ensures that the Attorney General is
affirmatively made aware of the challenge.
FISCAL NOTE
There should be no impact upon the general funds of the state. The
Attorney General will continue to have the discretion to not intervene.
Ensuring that the Attorney General is aware of constitutional challenges
could result in considerable savings to the state.
CONTACT: Freeman Duncan, Legislative Liaison
Attorney General's Office
Phone:(208)334-4151
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 632